Citation and commencementE+W

1.  These Regulations may be cited as the Childcare (Supply and Disclosure of Information) (England) Regulations 2007 and come into force on 6th April 2007.

InterpretationE+W

[F12.  In these Regulations—

“the Act” means the Childcare Act 2006;

“enforcement action” means the serving of any notice, and the imposition of any requirement or condition, upon a registered provider or registered agency by the Chief Inspector, any suspension of registration and, in relation to a registered provider, any application pursuant to section 72 of the Act to a justice of the peace;

“nominated individual” has the meaning given in regulation 2(1) of the Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014;

“registered agency” means a person registered under Chapter 2A (regulation of early years childminder agencies) or Chapter 3A (regulation of later years childminder agencies) of Part 3 of the Act;

“registered provider” means a person registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the Act;

“registration” means—

(i)

in relation to a childminder agency, registration under Chapter 2A or 3A of Part 3 of the Act; and

(ii)

in relation to a person who provides childcare, registration under Chapter 2, 3 or 4 of Part 3 of the Act;

“relevant premises” means, in relation to a registered provider, the premises on which the provision of childcare by that person takes place or, as the case may be, is intended to take place, or took place at the relevant time;

“setting” means, in relation to a registered provider, the premises on which the provision of childcare takes place or, as the case may be, is intended to take place, or took place at a material time, together with any equipment and personnel associated with the provision of that childcare.]

Textual Amendments

General provisionsE+W

3.—(1) For the purposes of regulations 4, 5, 6 and 10, information is not to be treated as prescribed information which may or must be disclosed—

(a)where it includes information as to the identity of any child to whom childcare is being or has been provided without the consent of a parent of the child identified; or

(b)where it includes information as to the identity of a parent or relative of such a child (unless the parent or relative in question is the childcare provider) without the consent of the parent or relative identified.

(2) For the purposes of regulations 4 to 10, information is not to be treated as prescribed information which may or must be disclosed where the Chief Inspector is required under any enactment, by any rule of law or by the order of a court not to disclose the information.

(3) In this regulation—

“disclosure” includes making information available, or the provision of information, to a person or body, and “disclose” shall be construed accordingly;

“parent” includes any individual who—

(i)

has parental responsibility for a child, or

(ii)

has care of a child.

Supply of information to [F2the Secretary of State and] Her Majesty's Revenue and CustomsE+W

4.—(1) For the purposes of section 83(1) of the Act, the information specified in—

(a)Part 1 of Schedule 1, and

(b)paragraphs [F36, 9 and 10] of Part 2 of Schedule 1,

is prescribed as information which must be provided to [F4the Secretary of State and] Her Majesty's Revenue and Customs when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a), (c), (d) or (e) of section 83(1) in relation to [F5the registration of a person who provides childcare].

[F6(1A) For the purposes of section 83(1) of the Act, the information specified in paragraphs 1 to 8 of Schedule 4 is prescribed as information which must be provided to the Secretary of State and Her Majesty’s Revenue and Customs when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a), (c), (d) or (e) of section 83(1) in relation to a childminder agency’s registration.]

(2) For the purposes of section 83(2) of the Act—

(a)information that [F5the registration of a person who provides childcare] has been cancelled [F7and the date of cancellation], and

(b)the information specified in Part 1 of Schedule 1,

is prescribed as information about that [F8registered provider] which must be provided to [F4the Secretary of State and] Her Majesty's Revenue and Customs if an order is made under section 72(2) of the Act.

Textual Amendments

Supply of information to local authoritiesE+W

5.—(1) For the purposes of section 83(1) of the Act, the information specified in Parts 1 and 2 of Schedule 1 is prescribed as information which must be provided to the relevant local authority when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a) to (e) of section 83(1) in relation to [F9the registration of a person who provides childcare].

[F10(1A) For the purposes of section 83(1) of the Act, the information specified in paragraphs 1 to 10 of Schedule 4 is prescribed as information which must be provided to the relevant local authority when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a) to (e) of section 83(1) in relation to a childminder agency’s registration.]

(2) For the purposes of section 83(2) the Act—

(a)information that [F9the registration of a person who provides childcare] has been cancelled [F11and the date of cancellation], that a condition to which the registration is subject has been varied or removed, or that a new condition has been imposed on the registration, and

(b)the information specified in Part 1 of Schedule 1,

is prescribed as information about that [F12registered provider] which must be provided to the relevant local authority if an order is made under section 72(2) of the Act.

Textual Amendments

Disclosure of information to assist parents or prospective parentsE+W

6.—[F13(1)] For the purposes of section 84(1) of the Act, the information specified—

(a)in Part 1 of Schedule 1;

(b)in paragraphs 6 and 7, and 9 to 13, of Part 2 of Schedule 1, and

(c)in Part 3 of Schedule 1,

is prescribed as information about a [F14registered provider] which the Chief Inspector may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early years or later years provider.

[F15(2) For the purposes of section 84(1) of the Act, the information specified in paragraphs 1 to 9 and 11 to 13 of Schedule 4 is prescribed as information about a registered agency which the Chief Inspector may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early or later years provider.]

Textual Amendments

Disclosure of information to protect children from harm or neglectE+W

7.—[F16(1)] For the purposes of section 84(1) of the Act, the information specified in—

(a)[F17paragraphs 1 to 4 and 5A of] Part 1 of Schedule 1, and

(b)Schedule 3,

is prescribed as information about a [F18registered provider] which the Chief Inspector may arrange to be made available for the purpose of protecting children from harm or neglect.

[F19(2) For the purposes of section 84(1) of the Act, the information specified in paragraphs 1 to 6, 9, 10, 14 and 15 of Schedule 4 is prescribed as information about a registered agency which the Chief Inspector may arrange to be made available for the purpose of protecting children from harm or neglect.]

Textual Amendments

Required provision of information to child protection agencies and police forcesE+W

8.—(1) Where a written request concerning a [F20registered provider] has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in Schedule 3 as has been requested and is held by her in relation to that [F20registered provider].

[F21(1A) Where a written request concerning a registered agency has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in paragraphs 5, 9, 10, 14 and 15 of Schedule 4 as has been requested and is held by the Chief Inspector in relation to that registered agency.]

(2) The prescribed persons referred to in paragraph (1) are—

(a)a child protection agency; and

(b)[F22a local policing body, or] a police authority or a chief officer within the meaning of section 126 of the Police Act 1997 M1.

(3) In this regulation, “child protection agency” means the National Society for the Prevention of Cruelty to Children and any body or authority exercising within the United Kingdom statutory functions relating to the protection of children.

Textual Amendments

Marginal Citations

Required provision of information to various prescribed personsE+W

9.—(1) Where a written request concerning a [F23registered provider] has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by her in relation to that [F23registered provider].

[F24(1A) Where a written request concerning a registered agency has been received from a person prescribed in paragraph (2A), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3A) as has been requested and is held by the Chief Inspector in relation to that registered agency.]

(2) The prescribed persons referred to in paragraph (1) are—

(a)a fostering agency within the meaning of section 4(4) of the Care Standards Act 2000 M2;

(b)a voluntary adoption agency within the meaning of section 4(7) of that Act;

(c)the National Assembly for Wales;

[F25(d)Social Care and Social Work Improvement Scotland;]

(e)a Health and Social Services Board in Northern Ireland M3;

(f)a body acting on behalf of the Crown in the Channel Islands or the Isle of Man; and

(g)the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare.

[F26(h)a childminder agency;]

[F27(2A) The prescribed persons referred to in paragraph (1A) are the persons specified in sub-paragraphs (a) to (g) of paragraph (2).]

(3) Subject to paragraph (4), the prescribed information referred to in paragraph (1) is the information specified in—

(a)Part 1 of Schedule 1;

(b)paragraphs 6, 7, 9, 10[F28, 12 and 13] of Part 2 of Schedule 1; and

(c)Schedule 2.

[F29(3A) Subject to paragraph (4), the prescribed information referred to in paragraph (1A) is the information specified in paragraphs 1 to 9, 10, 14 and 15 of Schedule 4.]

(4) Any information referred to in paragraph (3) [F30or (3A)] is not to be treated as prescribed information which must be provided to a prescribed person where the information has previously been provided by the Chief Inspector to that prescribed person.

Textual Amendments

Marginal Citations

M3The Children (Northern Ireland) Order 1995 S.I. 1995/755 (N.I. 2) as amended imposes certain duties on Health and Social Services Boards in Northern Ireland. Part 11 makes provision for child minding and day care for young children in Northern Ireland.

Required provision of information to parentsE+W

10.—(1) Where a written request concerning a registered person has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of —

(a)assisting parents in choosing an early years or later years provider, or

(b)protecting children from harm or neglect,

provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by her in relation to that registered person.

(2) The prescribed persons referred to in paragraph (1) are the parents of children to whom childcare is being or has been provided by the registered person referred to in paragraph (1).

(3) Subject to paragraph (4), the prescribed information referred to in paragraph (1) is the information specified in—

(a)paragraphs 1 to [F314] of Part 1 of Schedule 1;

(b)paragraphs [F328,] 13 and 14 of Part 2 of Schedule 1, and

(c)paragraph 16 of Part 3 of Schedule 1.

(4) Any information referred to in paragraph (3) is not to be treated as prescribed information—

(a)where the information is available to the parent, to whom it would fall to be provided, by other means reasonably at his disposal;

(b)where to provide the information would involve disproportionate effort or expense;

(c)where the circumstances indicate that the information is or may be sought in contemplation or furtherance of civil proceedings against the Chief Inspector or any other person or body; or

(d)where the information has previously been provided by the Chief Inspector to that parent.

Textual Amendments

Beverley Hughes

Minister of State

Department for Education and Skills